AGF Fagbemi rejects Human Rights Defenders Bill, proposes conditional support for NHRC reforms

The Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, has expressed opposition to the proposed law on the protection of human rights defenders, arguing that existing Nigerian laws already provide adequate guarantees for fundamental rights.

Fagbemi’s position was expressed through the Chief of State, Reuben Imarha, on Wednesday at a public hearing at the Human Rights Committee of the House of Representatives in Abuja.

The hearing examined two key pieces of legislation: the Human Rights Defenders Protection Bill, aimed at protecting civil society actors, journalists, lawyers, whistleblowers, religious leaders and other citizens who defend constitutional rights; and the bill seeking to repeal and revive the National Human Rights Commission (NHRC) Act, to strengthen the powers and operations of the commission.

While acknowledging gaps in implementation, Fagbemi warned that introducing a separate law for human rights defenders could create “institutional duplication and conflict”, instead urging the National Assembly to strengthen and adequately fund existing institutions.

“We are firmly against the Human Rights Defenders Protection Act,” he said, calling on the House to withdraw the bill.

However, Fagbemi expressed conditional support for the NHRC reform bill, raising concerns over specific clauses. He criticized clause 5(2)(b), which requires businesses to obtain annual human rights compliance certificates, saying it could hinder investment.

He also questioned Clause 15, which allows the commission to borrow funds for cases without oversight, and Clause 16(2)(b), which proposes a 0.3% levy on corporate profits, which he described as a quasi-tax that should align with ongoing federal tax reforms.

Civil society representatives disagree. Jude Ohanele, director of the Development Dynamics program, argued that the Human Rights Defenders Bill would strengthen democratic governance, increase investor confidence and provide legal channels for citizen complaints.

Likewise, Tony Ojukwu, Executive Secretary of the NHRC, has advocated for greater legal support for the commission, stressing the need for financial resources to enforce human rights through the Federal High Court.

Clement Nwankwo, executive director of the Political and Legal Advocacy Centre, urged the National Assembly to pass the NHRC amendment before August to strengthen human rights protection.

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